Samsung gets even, sues Apple over the iPhone 5

The Apple vs. Samsung legal spat is far from over. Apple started this war but Samsung is determined to win in the long run. Making good on its promise and multiple threats to sue Apple over 4G wireless networking technology used in the iPhone 5, the South Korean conglomerate filed suit against Apple over the alleged patent infringements in the iPhone 5…

Reuters reports:

Samsung Electronics said on Tuesday that it filed a new lawsuit against Apple Inc in a U.S. court, contending the iPhone 5 infringed on Samsung’s patents.

The company wrote in a statement that “we have little choice but to take the steps necessary to protect our innovations and intellectual property rights”. The suit is schedule to go to trial in 2014.

Bloomberg reports that Samsung began its investigation of the product as soon as the iPhone 5 was available for purchase.

FOSS Patents explains that Samsung asked the court to add the iPhone 5 to the existing lawsuit underway in U.S. Federal Court. Samsung is alleging that the iPhone 5 infringes upon its six utility patents and two standards essential patents.

The complete court filing (via CNET) has Samsung arguing that “the iPhone 5 has the same accused functionality as the previously accused versions of the iPhone, so the proof of infringement of the patents-in-suit by the iPhone 5 is the same as for other Apple devices already accused of infringement in this litigation”.

If the argument holds true, the iPhones in general, not just the iPhone 5, could be found of infringing on Samsung’s wireless technology patents.

Apple also suffered a legal setback as the Northern District Court of California, in accordance with a previous ruling by the U.S. appeals court, has overturned a sales ban against Samsung’s Galaxy Tab 10.1. Commenting on that decision, Samsung told Reuters:

We are pleased with the court’s action today, which vindicates our position that there was no infringement of Apple’s design patent and that an injunction was not called for.

By targeting Apple’s latest iPhone, which sold over five million units during the opening weekend, Samsung is hoping to get some leverage after a U.S. court in the high-stake Apple v. Samsung trial awarded Apple $1 billion in damages (Apple wants more), also ruling that Samsung infringed upon several Apple patents.

The problem is, Samsung has so many phones that even a sales ban cannot stop its march.

Apple on the other hand has only one high-profile device family so any possible sales injunction would put a serious dent in its fortunes as Apple is now basically an iPhone company.

What do you think Samsung’s chances of winning this one are?